Politics and public servants: Observations on the current state of criminal law reform

2000 ◽  
Vol 42 (3) ◽  
pp. 341-354 ◽  
Author(s):  
Mary E. Campbell
2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.


2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.


2019 ◽  
Vol 23 (3) ◽  
pp. 319-355 ◽  
Author(s):  
Julian V. Roberts ◽  
Andrew von Hirsch

Changes to the sentencing process in Canada are finally imminent. A number of reports in recent years have called for reforms in the area of sentencing and parole. In 1987, the Canadian Sentencing Commission released its final report Sentencing Reform: A Canadian Approach. This was followed in 1988 by the report of the Daubney Committee following its investigation into sentencing and parole. In addition to these proposals, the now-defunct Law Reform Commission of Canada, the Department of Justice and the Ministry of the Solicitor General all published reports containing reform proposals. In this article, the authors review recent events in the area of sentencing since the publication of the report of the Canadian Sentencing Commission. After a brief introduction, four principal policy issues are examined: (i) statutory statements of sentencing purpose; (ii) sentencing guidelines; (iii) the future of release on parole; (iv) the creation of a permanent sentencing commission for Canada. For each issue, the article critically examines the position taken by major players in the area of criminal law reform. The article concludes with a brief examination of Bill C-90, which recently received first reading, and which will be the object of further parliamentary scrutiny in the fall of 1992. In a subsequent article, the authors offer their own proposals to reform the sentencing of offenders in Canada.


Author(s):  
Viktoriya Sizova

The article is devoted to the study of the evolution, development and current state of the us criminal law system. The author considers the characteristic features inherent in modern American criminal law, its features, as well as the practical value and significance in relation to the continuity of positive experience.


Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev

One of the directions for improving the enforcement mechanism (criminal law norms) is the creation of a simplified pre-trial procedure for resolving simple criminal- legal disputes. The author makes several suggestions for creating such a procedure. This implies increased competition in the legal organization of pre-trial proceedings and the emergence of the possibility of replacing the criminal law measure of liability with administrative law or civil law.


2020 ◽  
Vol 6 (1) ◽  
pp. 53-68
Author(s):  
Riyan Gunawan ◽  
Mirza Haris Mahendra ◽  
Hilmi Rizki Zakaria ◽  
Muhammad Qoyum

Prostitution comes from the word prostitutio which means things to place, confront, offer. There are also other articles selling, peddling, but generally interpreted as surrender to many people by getting a reward for fulfilling that section of the person. Prostitution or prostitution is a serious problem and needs improvements that need to improve society, this disease develops very rapidly in the community. In addition to the social forms of social norms, prostitution is also a form of immorality in any religion that is not permitted and rejected. Although prostitution is issued in religion or law, many of these prostitution practices occur in Indonesia. Prostitution is a lucrative and promising business place for so many people to believe in their pride. It is necessary to establish a new criminal law legislation to provide legal attention to the imposition of sanctions aimed at commercial sex workers and users of services. Because the criminal law currently in force in Indonesia is considered not in accordance with the current state of Indonesia.


2016 ◽  
Vol 12 (3) ◽  
pp. 524
Author(s):  
Tongat Tongat

A paradigm shift in the state of life—especially post the Constitution of the Republic of Indonesia 1945 amendments—have not been fully understood  properly. Up to now—included in the lawless life—is still a gap between the paradigm and its implementation . This paradigmatic gap visible example of the lack of a comprehensive implementation of the basic principles of the Constitution of the Republic of Indonesia 1945 in a national criminal law reform ( draft Code of Criminal Law ) . The draft Code of Criminal Law as one form of national criminal law reform is seen has not fully represent constitution demands. Prohibiting the   use of analogy in criminal law is still seen at odds with the provisions of Article 1 ( 3 ) of the Constitution of the Republic of Indonesia 1945. The gap is not only paradigmatic potential to cause difficulties in its application, but also potentially the cancellation clause in the legislation  concerned.


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